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tv   [untitled]    December 11, 2012 3:00pm-3:30pm PST

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of sergeant -- at the age of 44 passed away of a sudden heart attack and he has been with the fraction police station with the last 44 years and he started why 1998 and at the southern station and baby station ask is also a former army range gear injury and worked everyday possible in the tender loin area and new the neighborhood very well and as i have gone to the events in the tender loin his loss is truly felt throughout the community and the community protects the dem commitment he had in protecting the neighborhood and the time he took to get to know individuals and children. his three children. samuel and
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elizabeth and sisters kim and tan hng and brothers peter and michael west brook and thomas was born on april 6th 1968 in vietnam and served in the armed forces as i mentioned and was a san francisco police officer for the past 15 years and a viewing will be held at holts walnut creek chapel and a funeral mass will be held at st. maries catholic church in walnut creek as well and in the new year the police station will be fundraising for his memorial for his family who suddenly lost their husband and family. . >> and the rest, i submit. >> colleagues let's go to our three prime minister special orders and start with the items
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related to the central subway. >> clerk please call items 37 and-38. >> item thyroid is imminent domain expense project and item 28 is the temple construction license for the public purpose of constructing the central subway for one stock ton street and item 29 is the resolution authors thorgz the acquisition for -- item three is resolution authorizing for 19 stock ton street and item 32 is authorizing the acquisition for 3232 stock ton street and stomach 34 is the authorizing the resident luxe of 250 fourth street. item 35 is resolution
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authorizing the resolution of 39 stock ton street. and 801 market street. item 37 is acquisition of 39 stock ton street and item 38 is resident luxe authorizing the 950 stock ton street. thank you we now can as a hold authorize by imminent domain and then built on these resolution and is specifically to allow temporary construction licenses to one stock ton. and 19 stock ton, 212 stock ton. 254th street. thirty-ninth strobing ton.ion market and 950 stock ton street and the san francisco municipal transportation agency seeks to acquire these temple licenses
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for the steenings of light rail in san francisco using funds appropriated for that program and in this hearing the board will reshovel solve whether the central subway street central project is planned or locate countied in the manner that is for the greatest public good and least private injury and whether the temporary irrare construction licenses sought to be acquired are necessary for the light rail extension project and whether the city has made the necessary offers to purchase the necessary licenses forth from the properties for just compensation required under state law. and in addition, if adopted resident lukes we will make general plan consistency findings in connection with these acquisition and is under state law the board had you pass the resolutions by at least
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eight votes. s m t oowill have 15 minutes for support of the resolutions and the temp construction license by 'em continent domain members of the public shall have up to two minutes to speak, each of the property oners may have time to speak -- two minutes to speak and then the s m ta shall have up to two minutes for rebut ailingal unless there any questions on what i have stated thus far is ask the s m ta to make the initial presentation.. >> good afternoon president chief supervisors my name is john cooing began the central subway program drear the action before you today will assists u.s. us in obtaining obtaining
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licenses that protect buildings adjacent to the project and with thin -- installation of interior and interior monitoring equipment on the buildings. this operation is performed in the city right of way and all work that the work will density and improve the soil conditions underneath the buildings and not of course, the operations of the buildings and should -- be detected duress the course of the project the s fm ta will be able to use the gouts to -- the probability has successfully acquired the off street properties and easesments to construct the property thus far and has successfully acquired all but right of the temporary construction licenses we are seek this resident luxe to
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avoid delays to the project schedule and your action today will hal low the project to continue these negotiations without jeopardizing the project schedule i have a brief presentation on the project and to show you how the grouting tools will be stoled installed to protect the buildings central subway is a 1.5-mile extension of the t line providing improved transportation services for 60% of the people that live adjacent to the april line want and have no other form of transportation but central subway will cut trip teams to over half 22 minutes with the central subway it will be cut down to six minutes.
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35,000 jobs rb create over the course of billion dollar investment the project is fully funded with the acquisition of the fully funding grant agreement on obligate leepth whereby 1,122,000,000-dollar have been pledged by the federal government to construct the federal subway and this is a schematic that shows how the grouting tubes will be installed with the anticipated grout that will help counteract any proposed building movement if it was to occur this is a grouting away ray for the under cropping of the existing tubes at noter and market. this is the proposed grotting away next to
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the proposed chinatown station, similar grouting a away ray for the you know street market station, and proposed build protection for the -- station and this represented three of the repeatedly acquired agreements that we have received that are removed from your action today and that completes my presentation thank you. >> thank you colleagues any questions to the m ta okay seeing none let me ask are there any members of public that wish to speak in support of against any of these resolutions? seeing none. -- you got it -- you have got a city subway particular to ride you got a
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ticket to ride and ... i don't know why you are riding so light rail. you will do right you will do right city by me and before you get to say good-bye i hope i got a city that is free. you got a ticket to ride and the city is there my city do care yeah .... >> do any other members of public wish to speak or sing with regards to these resolutions? all right seeing none, at this time, we will hear from property owners either of whom if you wish to take up to 15 minutes with reds louis pertaining to their property let me see if their any property owners here who wish to speak on behalf of their property and if
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you can identify your name and the property you are representing. >> my name is mark and i represent the owners of one 12 stock ton street and 212 strobing ton street. i request that the board deny the resolutions at least with respect to these two properties resolutions one nine one 090 and one nine one 094 and pertaining to one two stock ton stories and two one two stock stonn stories this is the apple flagship store and joule rear stores and tenants if the board doesn't grant or pass the resolution, i would at least ask the board postpone consideration until early next year we are presently negotiating with the city to resolve our open issues on
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proposed license agreements through negotiations unfortunately we have not received responses back from the city on responses we provided two year ago and it there is no you remembercy for the city to pass the resolution today and as the resolution purport temporary construction license and is in fact exhibit a describe the property without anytime limits make thus makes these resolutions in incripple continent easiment and is rather than public construction license and is this is problematic and has selflegal application implications that is we have identified to the board and i'm happy to provide copies of though today to have them filed with the clerk and i'll just briefly hilled four of those implications today in a case those resolutions invalid. #1.
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the licenses as described in the resolutions again this is exhibit a to the resolutions included in the agenda packets provided to the board members, the license does not adequately describe the property with sufficient detail because there are no descriptions of anytime limitations as to when the purported license access could start or when it would need to conclude and again this is easements not temporary license and is by not describing anytime licks limitations the licenses violate code of civil procedure. second, the reds louises seek to condemn property without having a valid offer been made and the license agreement that the city provided in connection with it's offer didn't have time
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recollections those restrictions were not perfect but better than no longer. by contrast the licensed text contained in the resolutions a to the resolutions have no time limits at all by not having made a valid offer, the purported offer and therefore the resolutions are not valid, this is a violation of government code serks section 7.62. and third violation of the license as contrasted with what was proposed in the license agreement viewedded to the property owners are not planned in a manner that reflects the greatest public good and the least private injury and without any kind of time limits the licensed in the resolution purport to be perpetual easiment and is thews a far broader right than what is required by this project we know this because the
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licenses that were offered to us, did have time limit and is so we know that the city that the agency does not require perpetual easements and again by providing an offer that excuse me by presenting resolutions that do not seek to accommodate the greatest public good and least private injury the resolutions are not valid and the could a kriivel code of civil procedure precludes the board from passing any kind of resolution based on sequentially invalid license that is have been set for the in the exhibit a resolution and finally, the city has failed to offer just compensation. the appraisal that was submitted to the property owners with respect to these two properties those
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appraisals are based on temp license not perpetual easiment and is therefore inadequate and in addition, the appraisal did not adequately consider the impact on a property concern severance damages that would occurring temporarily during construction work and then reduced access and these are set forth in the snags we have provide and had so i therefore ask the board deny these resolutions or at a minimum reiterate there is no urgency in passing these resolutions today, you are still waiting the city's comments on response to comments providedbak back in okay of this year we are happy to negotiate with the city but we cannot do it on our own we require cooperation from the city in order to reach an agreement and meanwhile while the city is seeking to track this with
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condemnation proceedings and no response in terms of license notions and this is going to lead to unnecessary ependiture and is litigating a condemnation action when in fact all of this can be resolved through an agreement and the city has sent in a client to install some of the monitoring equipment that is covered by the license agreement and is we are looking to avoid any kind of dispute with the city over these issues and we would rather resolve these issues through agreement and negotiations and the issues that separate us in terms of reaching an agreement with not such that they cannot be overcome we should be able to resolve these issues but again we require at least some minimum level of womb cooperation from the city thank
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you. >> thank you let me ask if there are any other representatives of propertieners that are sog to the discussion today. okay seeing none, let me ask if there are members of the public that oppose any or all of the resolutions today that wish to speak in public comment? all right seeing none, let me call back the s fm ta you shall have 15 minutes if you wish to provide a rebuttal to the property owner. >> we would continue to work with the apple store and bull gare location [spelling?] we have beenwork wing them diligently since may of 2012 and the you remembercy of acquiring
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these licenses is that the installation will be in june of next year and these licenses will allow they are temporary in nature and they will allow us to allow preventive measures that allows the city to protect existing buildings and once we acquire the license we will be able to install the monitoring equipment immediately and use both the monitoring equipment and grouting tubes until the end of construction which, is anticipatedded in december of 2018. thank you. >> thank you. supervisor wiener i think has a question for you. yeah could you provide a more specific response to the gentlemen who just disputed in terms of the property that i guess there was not a response to the letter that ethey sent
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and i'm just wondering if m ta could respondent to that particular set of concerns. >> well, we have been working we closely with the building owner and, we will continue to do so to reach agreement and some of the issues that were raised dealt with the description of the easement i believe. the building owner believes it's more of a prescriptive long term easement while the city's is more temporary in nature and will only be used as a preventive measure in terms of the valid offer that was made the government code offer that was made in may of 2012, that was based on an approved government offer for the value of the
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temporary construction license we strive to acquire all of the licenses without any cost of litigation and we welcome and we have staff willing to sit down with the owner immediately to discuss any differences or issues and we have two staff members dedicated full-time for this effort and they are available immediately to work with the owner. >> have they already been meeting with that owner. yes, they have. >> any additional questions colleagues to any of the parties involved? okay at this time, is this set of hearings has been held and is closed and item 27 is filed and colleagues as was just presented by the mta the m ta has reached agreement with
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the property owners corresponding to stock ton street and what i would like to do first is entertain a motion to table the items related to those properties items 26, 28 and 27 and so without objection those items will be tabled and now, we will consider the remaining eight resolutions of necessity together covering 28, 30-35 and 38. and unless there is any discussion if i could entertain a motion related to those items? . supervisor alstern. has made a motion to approve seconded by supervisor campos and if we can take a roll call on those items for 2830, 35 and 38 the resolution to
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acquire the licenses by imminent nape. supervisor park, farrell? supervisor mar. supervisor a loggy eye. supervisor wiener? supervisor avalos? interfere campos and president chew ooaye and supervisor chew and supervisor elsburnd eye. therefore 11 aye's mr. president. the resolution are adopted. mr. clerk if you can called item 39 seniority lottery. >> pursuant to tower .6 tuan mr. clerk if you could proceed. i have included two names in the drum supervisor nor man and
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derek evan will pull out the name to determine the -- [inaudible] supervisor nor man 83 shabt tenth and following -- slab the 11th in meeting. >> thank you mr. clerk is it chap shall be as you have described and we have six minutes before our 330 special order and so i would like to start our comments root at 330 and so we have a few minutes spue with that i would like to start general public comment with individuals and mr. clerk please read the jeep public
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comment instructions? this is an opportunity for the public to comment generally within the items subject matter and including items without references to community candar and speakers using translation a assistance will be allowed the twice the amount of time and once the item is a document is placed on the overhead probablier remove it after the speaker speaks about the meeting. thank you don't give money to friends of the library and don't accept money from the library and again i'm speaking without graphic presentation, perhaps you might listen have you ever seen a movie called summery last summer it taken by a play made of hen see williams
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and the woman's son is killed in anti-guy vials and if kathrin help burn will know that her son is bay and to prevent this from happening, liz breath tailor is declared insane and locked in a med pl hospital and they treat her as if she is crazy and hope that she'll be remembered in the will and the res go along because kathrin help burn is donating to build a winning on the hopped and through the character, we eventually learn that the elizabeth tailor is telephoning to the truth and help burn is opposing the truth and it's a grows about the slavery of lies and the liberating power of the truth on
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the other. it does not matter if you are talking about home phobia or racism or barriers of economic class, the big brother of all exploitation that exploitation exists by destroying the truth and the mechanism by which truth is destroyed harms everyone it's not just democracy and that is why again the lies cost more -- thank you let's hear from the next speaker. >> i'm like to use the overhead please. >> if you could turn on our overhead,. >> so you last week when i was hear you might recall the last
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speaker before me mutt an old fashion key over on the overhead and the weekend before, i i met with a visionary who hold me things about my daughter ask it was divine timings and it said you will know when you have received divine timing by seeing an old fashion key so, that was rather remarkable and completely out of my control there it was and it was a busy day and meeting with the sheriff and fbi trying to get to adjust and so that was the timing and so i have i want to thank the outgoing supervisor for your sacrifice for the sake of justice and ethics and i would like the support of this board in improving the way we handle domestic vials and poly graph
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test. the only thing worse than being raped is not being believed ask all of the people in the military and ask all of the people who have republican representatives who talk about legitimate -- let's find a way to get to the truth so your investigators can empowered do all that they can and not waisted and supervisor in -- county is charged and jailed with assault in george boss cowho was a friend of mine who had a relationship with the law enforcement in san diego to have those charges dropped and so when progressive people have crimes against them they are not helped --. >> thank you very much. thank you. let's hear from the next speaker.


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